提起诉讼是公民的一项基本权利。在我国的司法实践中,受案审查制度呈现以审判权与行政权合二为一的构造模式。这种模式所造成的起诉困境源自于两个因素,一是法院的受案机能偏离基本法律精神;二是社会转型初期,一些涉及面广、层次复杂的特殊化讼争,受到国家政策的调整,难于充分发挥司法审判机能,形成司法审判的挫动理念。坚持法治先行,逐步扩大法律的调整范围,增强司法公信力,这将有助于进一步改善起诉难的现状。 Litigation is a citizen’s basic right. In our country’s judicial practice, the case-based examination system presents the structural model of combining judicial power with administrative power. The dilemma of prosecution brought about by this model stems from two factors. One is that the court’s case-handling function deviates from the spirit of the basic law. The other is that in the initial stage of social transformation, some specialized disputes involving a wide range of levels and complicated levels are subject to state policy Adjustment, it is difficult to give full play to the judicial trial function, forming the frustrated concept of judicial trial. Adhere to the rule of law, and gradually expand the scope of the law to adjust and enhance the credibility of the judiciary, which will help to further improve the status quo difficult to prosecute.